[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Proposed Rules]
[Pages 27243-27244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13089]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-042]
RIN 2121-AA97


Safety Zone; Tri-State Inboard Powerboat Championships, 
Hackensack River, Secaucus, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the Hackensack River for the Tri-State Inboard Powerboat 
Championships. The temporary safety zone will be in effect on Saturday, 
August 29, and Sunday, August 30, 1998, from 11:30 a.m. until 6 p.m., 
unless extended or terminated sooner by the Captain of the Port, New 
York. The temporary safety zone will restrict vessel traffic in the 
Hackensack River in the vicinity of Laurel Hill Park, Secaucus, New 
Jersey. The temporary safety zone is needed to protect racing 
participants and spectator craft from the hazards associated with high-
speed powerboat racing.

DATES: Comments must reach the Coast Guard on or before July 17, 1998.

ADDRESSES: You may mail comments to the Waterways Oversight Branch 
(CGD01-98-042), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Alma Kenneally, Waterways Oversight Branch, 
Coast Guard Activities New York (718) 354-4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-98-042) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

[[Page 27244]]

Background and Purpose

    Meadowlands Inboard Racing Association has submitted an Application 
for Approval of Marine Event for an inboard powerboat race in the 
waters of the Hackensack River. This regulation establishes a temporary 
safety zone in the waters of the Hackensack River south of red buoy #16 
and north of the Snake Hill, NJ swing bridge at river mile 5.4.
    The safety zone will be effective on Saturday, August 29, and 
Sunday, August 30, 1998, from 11:30 a.m. until 6:00 p.m., unless unless 
extended or terminated sooner by the Captain of the Port, New York. 
This safety zone restricts vessel traffic in the Hackensack River south 
of red buoy #16 and north of the Snake Hill, New Jersey swing bridge at 
river mile 5.4. This safety zone is needed to protect mariners from the 
hazards associated with a boat race in which the participants transit 
at excessive speeds.
    This event will include up to 75 powerboats, 13 to 24 feet in 
length, racing on a 1.5 mile oval course at speeds in excess of 130 
mph. The sponsor expects less than 100 spectator craft during the 
event.

Discussion of Proposed Rule

    The proposed safety zone is as follows: all waters of the 
Hackensack River, south of red buoy #16 and north of the Snake Hill New 
Jersey swing bridge at river mile 5.4.
    The safety zone is proposed to provide for the safety of life on 
navigable waters during the event.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. This 
safety zone restricts vessel traffic in the Hackensack River south of 
red buoy #16 and north of the Snake Hill New Jersey swing bridge at 
river mile 5.4 on Saturday, August 29, and Sunday, August 30, 1998, 
from 11:30 a.m. until 6 p.m., unless extended or terminated sooner by 
the Captain of the Port, New York. Although this regulation prevents 
traffic from transiting this area, the effect of this regulation would 
not be significant for the following reasons: the limited amount of 
commercial traffic in this area of the river, and the extensive 
notifications that will be made to the affected maritime community by 
Local Notice to Mariners and Safety Voice Broadcasts. This safety zone 
has been narrowly tailored to impose the least impact on maritime 
interests yet provide the level of safety deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 500,000.
    For the reasons stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, will not have a significant economic impact on a 
substantial number of small entities. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1c, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-042 to read as follows:


Sec. 165.T01-042  Safety Zone; Tri-State Inboard Powerboat 
Championships, Hackensack River, Secaucus, New Jersey

    (a) Location. The following area is a safety zone: all waters of 
the Hackensack River south of red buoy #16 and north of the Snake Hill 
New Jersey swing bridge at river mile 5.4.
    (b) Effective period. This safety zone is in effect on Saturday, 
August 29, and Sunday, August 30, 1988, from 11:30 a.m. until 6 p.m., 
unless extended or terminated sooner by the Captain of the Port, New 
York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: May 5, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-13089 Filed 5-15-98; 8:45 am]
BILLING CODE 4910-15-M